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or their children, become actually chargeable, the parish who gave the certificate is bound to receive them." (1)

It concludes the parish which gave it from controverting An estoppel. any fact which is there set forth, as against the parish to whom it is given. (2)

ties' marriage.

The parish cannot therefore dispute the marriage of 1. As to parpersons whom it has thereby acknowledged to be man and wife. (3) They admit it legal in all its consequences, and are bound to maintain the subsequent issue of the parties, as if one had really taken place. (4)

It may also bind a parish to admit the legitimacy of a 2. Legitimacy spurious child, born previously; and although the certifi- of a bastard. cate is obtained by the desire of that parish where the party was then resident, and where the child was born, it is equally conclusive, provided the latter is not guilty of fraud, and has not misled the parish, granting it by false If no fraud. information respecting the child's legitimacy. (5)

A certificate also granted, previous to the woman's deli- Certificate very, will, if properly expressed, bind a parish to receive, previous to the bastard's birth. and provide for, a child which is afterwards born illegitimate in the parish to which the undertaking is given (6); and by such acknowledgment, that he is an inhabitant, his family may derive settlements through him in the same manner, as that of any other person lawfully settled in the parish. (7)

(1) Per Lee C. J., Rex v. Headcorn, Burr. S. C. 253.

(2) All Saints v. St. Giles, 2 Salk. 530. Rex v. Lubbenham, 4 Term Rep. 281. Rex v. St. Martin at Oak, 16 East, 503.

(3) Rex v. Headcorn, supra, (1), and see Vol. I. (4) New Windsor v. White Waltham, 1 Str. 186. (5) Rex v. Tostock, Burr. S. C. 737. Though the justices should not have found fraud; yet, if the pauper, to whom the certificate was granted, desired the son to be included in it, the court would have understood it to be fraud. Per Lord Mansfield, ibid. Yet see Rex v. Lubbenham, post, 140. (4)

(6) Rex v. Ipsley, Burr. S. C. 650. and see Vol. I.

(7) Ib. and see the distinction between this case and Rex v. Thwaites, post.

Conclusive up to what time.

Conclusive,

how far.

A certificate is only conclusive of the facts it sets forth, and their legal consequences. If it acknowledge A. and B. as man and wife, the parish is bound to receive and provide for all the subsequent issue of A. and B., as their lawful children, until they have acquired some other settlement (1). But they must be proved their issue.

And it is conclusive only up to the period when granted. A pauper having gained a settlement by residence on his estate at M., afterwards received a certificate from U., and was occasionally relieved by U. while he continued to reside at M. It was held beyond all doubt, that though the certificate was conclusive at the time it was granted, it was afterwards done away by the pauper's residence on his own property (2); and the law is the same where one takes a tenement of the value of 10l. a year in a parish, and is afterwards certificated there, he gains a settlement, notwithstanding the certificate, provided he reside there afterwards forty days. (3)

It is reasonable, that a certificate which operates as a kind of estoppel, should protect the parish which acts immediately upon the faith of it, so far as not to permit the certifying parish to dispute or falsify such facts as it contains. But, as an estoppel, it is not to be favoured, because its tendency is to prevent the investigation of truth; it is therefore conclusive evidence only, as between the parishes by whom it is granted, and that to whom it is given. It is indeed strong evidence against the certifying parish, in its dispute with any other place (4), but it is not so conclusive

(1) See New Windsor v. White Waltham, ante, 159. (4)
(2) Rex v. Ufton, 3 Term Rep. 251. ante, 138. (3)

(3) Rex v. Findern, Cald. 426. The pauper had only resided a month in M. when he obtained a certificate from U.; and see Rex v. Leek Wooton, 16 East, 118.

(4) Per Holt C.J., All Saints v. St. Giles, 2 Salk. 530. Per Buller J., Rex v. Lubbenham, 4 Term Rep. 251. But Honiton v. St. Mary Axe, 2 Salk. 535. is contra.

but they may disprove the facts alleged, if in possession of sufficient testimony to do so.

Thus, if A. give a certificate to B., acknowledging the pauper as their parishioner, they are bound to receive and maintain him as settled with them, whenever he becomes chargeable to B.; but if B. remove him back to A., and A. find that he is actually settled in C., A. may send him thither. (1) So, where a woman believing her husband, then abroad, to be dead, contracted a marriage de facto with P., who was settled at L. The first husband returned, after which the woman and P. obtained a certificate from L. to T., acknowledging them to be legally settled there; the wife not being described by name, L. cannot dispute the fact as against T., but as against any other parish, L. is not precluded from inquiring into the truth of the case, and shewing that the woman's settlement is with her first husband. (2)

But the parish into which the pauper came by certificate is not bound to remove him back to the certifying parish, but may remove him to any other: and it signifies nothing when the certificate is granted; it is only an estoppel upon the parish granting it, as between the two parishes. (3)

A certificate, though not delivered to the parish into Certificate unwhich the pauper comes to inhabit under it, is an acknow- delivered. ledgment by the parish granting it, that the pauper was settled with them when it was given; yet it does not prevent the pauper from gaining a settlement in the certificated parish after it was granted; but according to one case, it is conclusive evidence of the settlement, up to the time when it was granted. (4)

(1) All Saints v. St. Giles, ante, 140. (4) (2) Rex v. Lubbenham, ante, 140. (4)

(3) Rex v. St. Martin at Oak, 16 East, 303.

(4) Rex v. Buckingham, Cald. 64. That it is prima facie evidence between the parish granting the certificate, and that to which it is directed, seems very clear; for it is an acknowledgement by the former

Effects of acknowledg

ments.

Order of removal, where parties resided under a certificate.

Order removing as husband and wife.

SECT. IV.

Of acknowledging a Settlement by not appealing from an
Order of Removal.

THE effect of an acknowledgment by acquiescence under an order of removal, is more extensive than those already mentioned. An acknowledgment, by relief, is no more than prima facie evidence of settlement in all cases. If by certificate, it is conclusive against the parish which grants it, in questions between it and the parish to which it is delivered. But an order of removal, executed and unappealed from, is conclusive on the parish upon which the order is made, against all the world. (1) It is so where the paupers reside under a certificate. A. obtained a certificate from E. to B. A son of his, born under this certificate, went with his wife and family to reside in M., who removed them by an order back again to B. This order, not having been appealed from, is conclusive that the husband is settled in B., even as between that parish and E., from which it received the certificate. (2)

Under such circumstances, therefore, an order removing two persons as man and wife, is final and conclusive of that fact, and settles them as such in the parish to which

that the pauper is settled with them. But as the latter is not thereby prevented from removing the pauper, it seems hard that the certifying parish should be concluded by it in the same manner as if the parish to which it certifies had been compelled to receive him on the faith of the certificate. See the opinion of Wright J., Rex v. St. Nicholas, Harwich, Burr. S. C. 171. and the distinction taken by Lord Kenyon C.J., Rex v. Wensley, 5 Term Rep. 154.

(1) Rex v. Chalbury and Chipping Farringdon, 2 Salk. 488. Per Buller J., Rex v. Kennelworth, 2 Term Rep. 598. Rex v. Corsham, 11 East, 388.; and see Rex v. King's Norton, 2 Salk. 401. Rex v. Fillongley, 2 Term Rep. 709. Per Lord Kenyon C. J., Rex v. Chilverscotton, 8 Term Rep. 178.

(2) Rex v. Ealing, Cald. 472.

they are removed (1), as it is also of the legitimacy of their issue thereby removed with them. (2) It is equally conclusive of a marriage, where the woman is removed as married, without her supposed husband. (3) From hence it follows, that it is conclusive of the derivative settlement of after-born children; for their settlement must depend upon the validity of their parents' marriage, and cannot be controverted without controverting the marriage, which has been already admitted. (4)

band's settle

And if the woman be described in the order as the wife As wife conof A., it is conclusive of the husband's settlement (5), al- clnsive of husthough it has not given her the addition of wife, provided ment. she is called in it by her supposed husband's name. (6) Likewise if she is removed as E. S., widow, it is equally So of widow. conclusive that her husband, if living, is settled in the parish. Because the order conveys a notice on the face of it, that the husband's settlement might come in question under it; for being removed as a widow, the presumption is, that she was removed to the place where her husband was settled. (7)

persons men

But an order unappealed from is only conclusive of the Concludes settlement of persons mentioned in it, and their families. only as to A man and his wife were removed from H. to N.; they tioned. had a son at the time of the removal, who lived in a dwelling-house in N., which he rented separate and independent of his father and he was not removed by, nor mentioned in the order, nor was he then any part of his father's family. Per Curiam, The order of removal unappealed from, is conclusive as to the father and mother, but not as to the

(1) Rex v. Silchester, Burr. S. C. 551. see Vol. I. Rex v. Binegar, S. P. Ibid. & 7 East, 377.

(2) Rex v. Northfeatherton, 1 Sess. Cas. 154.

(3) See Vol. I.

(4) Rex v. Wodchester, Burr. S. C. 191. Rex v. St. Mary, Lambeth, 6 Term Rep. 615.

(5) Rex v. Hinxsworth, Cald. 42. Rex v. Leigh, Doug. 45. Cald. 59. Rex v. Ealing, ante, 142. (2)

(6) Rex v. Towcester, Cald. 497.

(7) Rex v. Rudgley, 8 Term Rep. 620. see Vol. I.

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